i-751 Failed to file i-751, 2 days late.

[egyptianpotato 7]

Moved to the states with a CR1 visa to live with my husband Feb 2017, made that common tedious mistake and forgot that filing my i-751was in the 90 days prior to green card expiry dates.

After we did our fair share of panicking and some self-loathing ( considering ourselves a bit too aware to make such mistake ) we decided to research it as quickly as possible and all results pointed towards sending the form ASAP. And so we had a call with an immigration lawyer for quick advice and we ended up writing a well-structured explanation/apology letter for our tardiness lacking a "good cause" and if you're familiar with the problem you'd know that a "good cause" is crucial for them to excuse a late filing of that damn petition.  

Luckily we have some good evidence of our marriage in good faith, so we included them, highlighted our names in the documents and left post-its on each group of files to make it easy for the officer to process it and show a good intention of collaboration. 

I've also included a G-1145 ( e-Notification of Application/Petition Acceptance ) to be notified as soon as they can. 

 

We sent the package today Feb Sunday 3rd which is my expiration date. We were hoping sending it overnight should get it there only one day late with the excuse of the first weekday after the weekend deadline. 

But the FedEx office which we had to drive 3 hours to get to ( being in a small town ) can only deliver it by Tuesday 4th making it 2 days late. 

So we included an additional letter in the package explaining our intention to get it there sooner including our FedEd receipt to support it. 

 

I'm well aware of the possible complications and of the possible outcomes which evoke great anxiety in me and my husband, but we're trying to calm down and be practical. 

So as we're awaiting either a  1. Denial   2. Request for more evidence  3. proceeding removal from the country   4. petition receipt which should include a conditional residency for a year during the processing and that would just be a huge relief and unexpected luck. 

 

My plan is to search for an attorney and have my documents ready, and a well-written brief ready in case we get the first three possibilities.

We are also planning to call USCIS tomorrow to ask for more information on how to go about this. 

 

Today i decided to join VisaJourney since it has been great help for me starting my process from the very beginning, but mainly for two reasons;

  - Any input from previous experiences or an attorney that can add up and can be helpful 

  - Share our experience so it'll help others understand this kind of situations as much as it helped me reading about other people's journeys. 

 

I'm also genuinely curious about;

What's The success rates of these situations and how often do people actually get deported. 

What's a good method to find a good attorney in your area? ( i will not pay attention to ADs, so don't bother )

If you actually do get reported is it possible to be back to the states?

 

Thank you for reading and please be kind. 

[geowrian 22,335]

Generally USCIS will accept a late filing fine.

Removal due to ROC is very rare and usually takes several years. Even if the initial I-751 is denied fro some reason, you can continue to file one up until an immigration judge (IJ) orders revocation of LPR status. Once filed, USCIS has to adjudicate the form. This can go on for years.

Nothing you noted indicates a need for an attorney at this point. The late filing - if accepted (and it almost certainly will be) - won't be held against you for adjudication purposes.

 

Step back for a second and take a breath. You're in for a long waiting game just like everybody else.

[egyptianpotato 7]

Update:

 

Monday, February 11, 2019, I've received the receipt letter along with extended conditional stay for 18 months.  
I guess that means they accepted my petition and are processing it.

I'll be waiting for the Biometrics appointment. 

[egyptianpotato 7]

On 2/3/2019 at 6:18 PM, geowrian said:

Nothing you noted indicates a need for an attorney at this point. The late filing - if accepted (and it almost certainly will be) - won't be held against you for adjudication purposes.

 

Step back for a second and take a breath. You're in for a long waiting game just like everybody else.
 

 

Thank you for the comforting/ realistic comment, it did help.